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High Court of Andhra Pradesh · body

2025 DAILYLAW 44638 (AP)

BONAM VENKATA RAMANA v. THE UNION OF INDIA

WP/11301/2025 · 2025-04-29

Challa Gunaranjan

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11301 OF AMARAVATI Between; Bonam Venkata Ramana, Occ; Senior Technician, O/o. Southern Region Farm Machinery and Testing Institute, Tractor Nagar, Garladinne, Anantapur District. S/o. Late B. Pullaiah, Aged about 47 years. Training ...PETITIONER AND 1. The Union of India, Department of Agriculture and Farmer Welfare Mechanisation and Technology Division, Krishi Bhawan 2. The Director, Southern Region Farm Machinery Training and Testing Institute, Tractor Nagar, Garladinne, Anantapur District. 3. The Administrative Officer, Southern Region Farm Machinery Training and Testing Institute, Tractor Nagar, Garladinne, Anantapur District. 4. The Senior Agricultural Engineer, Southern Region Farm Machinery Training and Testing Institute, Tractor Nagar, Garladinne, Anantapur District. , New Delhi. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pleased to issue an appropriate order or direction more particuiariy one in the nature of Writ of Mandamus deciaring the transfer orders, dated 17.04.2025 issued by the respondent No.1 transferring from Southern Region Farm Machinery Training and Testing institute, Anantpaur to North Eastern Region Farm Machinery Training and Testing Institute, Assam as if it has been done in pubiic interest, by way of me ^ measure of punishment as I failed to occupy the residential quarter allotted in my favour and approached this Hon'ble Court by filing Writ Petition in W.P.No.9521 of 2025 as arbitrary, illegal and contrary to the well- ^ ^ ^established legal principles, apart from being violative of the fundamental rights guaranteed to me under Article 14, 19 and 21 of the Constitution of India and consequently set aside the transfer orders, dated 17.04.2025 issued by the respondent No.1. - .-v lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the transfer orders 17.04.2025 issued by the respondent No.1, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: SRI V. R. REDDY KOWURI Counsel for the Respondents: SRI A. RAVINDRA BABU (CENTRAL dated GOVT. COUNSEL) The Court made the following: ORDER APHC010218962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11301/2025 Between: ...PETITIONER Bonam Venkata Ramana AND ...RESPONDENT(S) The Union Of India and Others Counsel for the Petitioner: 1.VR REDDY KOVVURI Counsel for the Respondent(S): 1 .A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following: 4 THE honourable SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.11301 of 2025 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following prayer: “to declaring the transfer orders dated 17.04.2025 issued by the respondent No.1 transferring me from Southern Region Farm Machinery Training and Testing Institute Anantpaur to North Eastern Region Farm Machinery Training and Testing Institute Assam as if it has been done in public interest by way of measure of punishment as I failed to occupy the residential quarter allotted in my favour and approached this Honble Court by filing Writ Petition in W.P. No.9521 of 2025 as arbitrary, illegal and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Article 14, 19 and 21 of the Constitution of India and consequently set aside the transfer orders dated 17.04.2025 issued by the respondent No.1 and pass such other orders.” Heard Sri V.R.Reddy Kovvuri, learned counsel for petitioner and Sri A.Ravindra Babu, learned Central Government Counsel for respondents. 2. 2 CGR, J W.R No. 11301 of 2025 Petitioner essentially challenges the order dated 17.04.2025, by which, he has been transferred from present place of work at Anantapur to Assam contending that the reason for said orders as set out in the impugned order is not on administrative grounds rather for obvious reasons. By order, dated 20.03.2025, when petitioner was asked to occupy residential quarter within the residential campus of the institute by shifting from his stay at Anantapur, as petitioner challenged the same before this Court and got it suspended, as a measure of punishment, the impugned action has been initiated. 3. Learned Central Government Counsel for respondents on the other hand would submit that against the transfer order, petitioner has to approach Central Administrative Tribunal as he 4. has alternative remedy. 5. Refuting the same, learned counsel for petitioner would submit that Tribunal is going on summer vacation from 01.05.2025 till 31.05.2025, and that only it holds hearings on vacation bench scheduled to be held on 07'^- & 14*^ therefore, petitioner cannot be left with no remedy, therefore, he approached ' -this Court. 3 CGR, J W.P. No. 11301 of 2025 It is not in dispute that the impugned transfer order is 5. amenable to jurisdiction of CAT, however, as rightly contended by petitioner since it is going on vacation from 01.05.2025 to till 31.05.2025, without entering into merits of the matter, petitioner is protected from the'impugned transfer till 15.05.2025 permitting him to move the vacation bench assailing the aforesaid transfer order. Therefore, the impugned transfer order shall stand stayed till 15.05.2025. 6. With the above observation, this writ petition stands disposed of. No costs. As a sequel, interlocutory applications pending consideration, if any, shall stand closed. Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// / SECTION OFFICER To, Union Undia, Department of Agriculture and Farmer Welfare, and Technology Division, Krishi Bhawan, New Delhi. Southern Region Farm Machinery Training and Testing 1. The Mechanisation 2. The Director, Institute, Tractor Nagar, Garladinne, Anantapur District. 3. The Administrative Officer, Southern Region Farm Machinery Training and Testing Institute, Tractor Nagar, Garladinne, Anantapur District. 4. The Senior Agricultural Engineer, Southern Region Farm Machinery Training and Testing Institute, Tractor Nagar, Garladinne, Anantapur District. 5. One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC] 6. One CC to Sri A. Ravindra Babu (Central Govt. Counsel) [OPUC] 7. Three CD Copies. ssb ii HIGH COURT DATED:30/04/2025 ORDER WP.No.11301 of 2025 C 0 5 MAY 2025 n ^ . Current Section a DISPOSING OF THE W.P. WITHOUT COSTS